Can the Gardai prosecute me for this?

Red Hare · 24-08-2018 04:23PM #1

The background setting is that my car was broken into in early May and things were messed about with. I live in an area with a high level of criminal activity - my near neighbour was shot in a notorious gangster feud and then he was shot dead again.

On Sunday 13th May at 9.00 pm at night I was out working as a home care assistant in my local area. I Was stopped at a checkpoint by a person with a gun and then a man dressed like garda took my insurance disc from me and refused to give it back to me.

At about 9.30 I rang 999 and reported that a person dressed as a garda stole my disc.

I brought my valid certificate of insurance to the local garda station as soon as it opened.

I haven't seen my disc since then. I sought help from the Chief Superintendent. My complaint was sent to a community garda sergeant in another district.
This afternoon I asked for my disc to be returned to me and the community has stated several times to me on the phone that the reason why its being hung onto by the police is that they could prosecute me for displaying an out of date disc.

is this true - even after I present my actual certificate within hours of this theft?

artanevilla · 24-08-2018 04:25PM

Was the disk out of date?

MissShihTzu · 24-08-2018 04:25PM

Was your tax out of date?

Wheety · 24-08-2018 04:25PM

Was it out of date when he took it?

Red Hare · 24-08-2018 04:28PM

they say the dis was out of date but they have refused to show it to me - my certificate was in date

seamus · 24-08-2018 04:29PM

You are required, at all times while the vehicle is in a public place, to have a valid insurance disc displayed on the vehicle.

Failure to do so is an offence, regardless of whether you actually have insurance or not. And you can be prosecuted for non-display.

There's more here than you're letting on because I've never heard of Gardai taking an expired disc. And I find it very suspicious that you don't know if your disc was in date or not.

Would you be on first-name terms with any of the local Gardai by any chance?

Red Hare · 24-08-2018 04:31PM

thanks for that information - is it ok for them to hold onto my disc?

RustyNut · 24-08-2018 04:32PM

seamus wrote: »

You are required, at all times while the vehicle is in a public place, to have a valid insurance disc displayed on the vehicle.

Failure to do so is an offence, regardless of whether you actually have insurance or not. And you can be prosecuted for non-display.

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

MissShihTzu · 24-08-2018 04:33PM

OP -You should know whether your paperwork is valid or not. The insurance cert should tell you. Was the disc correctly displayed? And did you have valid tax with the right disc displayed? As pointed out, you can be prosecuted for failure to display either or both.

_Brian · 24-08-2018 04:34PM

Just contact the insurance company for a replacement

seamus · 24-08-2018 04:34PM

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

seamus · 24-08-2018 04:36PM

Red Hare wrote: »

thanks for that information - is it ok for them to hold onto my disc?

They can hold it as evidence.

It doesn't sound like they believe your disc was expired, it sounds like they believe it was fake.

RustyNut · 24-08-2018 04:36PM

seamus wrote: »

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

I stand corrected.

Seth Brundle · 24-08-2018 04:38PM

Red Hare wrote: »

I live in an area with a high level of criminal activity - my near neighbour was shot in a notorious gangster feud and then he was shot dead again.

How many times has he been shot dead?

Red Hare · 24-08-2018 04:40PM

they only brought up prosecution to me today on 24th August when I asked for the disc back that was taken from me on 13 May. Is there a time limit for bringing prosecution please would anyone know?

billybonkers · 24-08-2018 04:41PM

Red Hare wrote: »

they only brought up prosecution to me today on 24th August when I asked for the disc back that was taken from me on 13 May. Is there a time limit for bringing prosecution please would anyone know?

Was the disc in date? You have not said.

Red Hare · 24-08-2018 04:41PM

Seth Brundle wrote: »

How many times has he been shot dead?

it was twice - modern medicine saved him once. May he rest in peace.

Red Hare · 24-08-2018 04:43PM

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

endacl · 24-08-2018 04:45PM

Red Hare wrote: »

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

I know when my insurance is up, because I pay it at the same time every year. How could you not?

Tax and nct are irrelevant.

RustyNut · 24-08-2018 04:45PM

RustyNut wrote: »

seamus wrote: »

RustyNut wrote: »

I thought you had some time after the start of the policy before you were obliged to display a disc. Open to correction.

No. The offence of not displaying an insurance disc has no grace period.

Note that this is a separate offence to not being insured. Even if you are fully insured, if you're not displaying a valid disc, you are committing an offence and can be prosecuted.

I stand corrected.

Or not maybe
Hmmm

"5. (1) A person shall not use a vehicle in a public place, after the expiration of a period of ten days commencing on the date of authentication of the certificate of insurance, unless the vehicle carries an insurance disc in the manner specified in sub-article (2) of this article.

Red Hare · 24-08-2018 04:47PM

Seth Brundle wrote: »

How many times has he been shot dead?

he was shot dead once and due to modern medicine he was brought back to life and then shot again sometime later. may he read in peace

MissShihTzu · 24-08-2018 04:47PM

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? Have you made an appointment to see the Superintendent and ask face to face what the story is? I would do that as a priority.

KevinCavan · 24-08-2018 04:48PM

Your insurance policy would tell you whether the disc was in date, when it was handed over to the guards.

24-08-2018 04:49PM

Red Hare wrote: »

I thought that it was. Then I waas told i was not but I actually haven't seen it. Are the guards entitled to steal it and not give it back?
My care was broken into so it could be anyones disc.

my tax was up to date and NCT.

Ahhh, so someone broke into your car & placed an out of date disc in the windscreen? And you don't know if your own disc was in date or not?
You should prosecute the Garda for theft, absolutely.

Red Hare · 24-08-2018 04:49PM

Is there a time limit for the gardai prosecuting me for alleged disc failure or are then entitled to keep this going endlessly ? please would anyone know?

JigglyMcJabs · 24-08-2018 04:51PM

MissShihTzu wrote: »

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? .

In some areas, yes they do, specially when there are gangs in the area.

endacl · 24-08-2018 04:51PM

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

Reati · 24-08-2018 04:53PM

MissShihTzu wrote: »

All of this sounds very odd. Do the Gards normally have checkpoint at gunpoint? Have you made an appointment to see the Superintendent and ask face to face what the story is? I would do that as a priority.

Yes they have armed check points. I’ve been through a few in my days. The armed lads don’t talk. They just are there for protection of the rank and filers.

Anyway, clearly the thing was out of date. I’m so confused why the OP is fighting this unless the insurance tax was in date. It’s either trolling or leaving out the story on purpose and hence no real answers.

JigglyMcJabs · 24-08-2018 04:56PM

Red Hare wrote: »

Is there a time limit for the gardai prosecuting me for alleged disc failure or are then entitled to keep this going endlessly ? please would anyone know?

Courts are on holidays, which may have delayed the summons you are likely to get for driving without insurance. If you don't get it by mid November, you're probably off the hook. Unless it was a fake disc, in which case you should be talking to a solicitor pronto.

Red Hare · 24-08-2018 04:59PM

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

Reati · 24-08-2018 05:03PM

Red Hare wrote: »

I think it is likely that my disc was stolen when my care was broke into and that what the gardai have is the disc that was underneath - but I don"t know because the garda has it.

The garda raised my gender to me ( not his) and my profession to me - home carer. His college had no uniform and had a gun .he had a uniform but he ran away from when I as he his name and his number. It has taken me more than 3 months to find out who he is.

My local station is closed at night but I rand a neighbouring station and they refused to confirm if he was a garda or give me his name due to data protection.

I was insured of course.

I’m not sure if it’s the grammar or what but I can’t tell what you are trying to say.

A guard raised your gender?
What was the armed Garda wearing if he had no uniform yet had a uniform and ran away?
Where did he run too?

Can the Gardai prosecute me for this?

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